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(a) As used in this section:
(1) “Burglar alarm system” means any assembly of equipment, mechanical or electrical, designed to signal the occurrence of an illegal entry or attempted illegal entry of the premises protected by the system. However, “burglar alarm system” shall not include any system installed to protect any premises used primarily for residential, educational, religious or charitable purposes or used primarily by a unit of government or school district.
(2) “Burglar alarm user” means the person or entity that owns, leases or subscribes to a burglar system, but does not include a private alarm company. There shall be a rebuttable presumption that a person who owns or occupies any premises on which a burglar alarm system has been installed is the user of that system.
(3) “False alarm” means a burglar alarm system activated in the absence of an emergency whether wilfully or by inadvertence, negligence or unintentional act, including any mechanical or electrical malfunction of the alarm system, to which the department of police is alerted for a response. A false alarm shall not include an alarm activated by a temporary surge or loss of electrical power or loss of telephone service to the burglar alarm user; the testing or repairing of telephone or electrical lines or equipment outside the premises if prior notice of the testing or repair is given to the department of police; unusually violent conditions of nature; an illegal entry, theft or robbery, or an attempt thereof; or an observable act of vandalism; where evidence of such activity exists.
(b) No burglar alarm user shall use a burglar alarm system that emits a false alarm. Any burglar alarm user accused of violating this section may raise as an affirmative defense that the burglar alarm user has taken all reasonable measures to eliminate false alarms. Those reasonable measures must include all of the following:
(1) Using a burglar alarm system that is installed and maintained by a properly licensed private alarm contractor.
(2) Having documentary evidence that the alarm system was installed, inspected or tested by a properly licensed private alarm contractor within the previous 12 months.
(3) Making every reasonable effort to have a responsible person arrive at the protected premises within 45 minutes if requested by the Department of Police or Office of Emergency Management and Communications, in order to:
(i) deactivate the alarm system;
(ii) provide access to the alarm location; or
(iii) provide alternative security for the alarm location.
(c) Any person who violates this section shall be subject to a fine of $100 for each false alarm. A notice of violation of this section and a notice of hearing may be served on the burglar alarm user in the manner provided in Section 2-14-074 of this Code, or by affixing the notice to the door or other prominent location on the premises.
(Added Coun. J. 11-19-08, p. 47220, Art. III, § 1)